Former Palau President faces misdemeanor charges [1]
Thursday, July 16, 2009 - 11:19. Updated on Monday, September 9, 2013 - 18:40.
PALAU'S Office of Special Prosecutor has filed charges against former President and Senator Tommy Remengesau Jr. for concealing several real properties during his term as President, reports Marianas Variety.
Special Prosecutor Michael Copeland charged Mr Remengesau with 19 counts of violation of the code of ethics for transfer of several pieces of real property during his term as President of Palau.
Mr Copeland said that the charges are the result of investigation and audit of the Ethics Disclosure Statements submitted by Remengesau for the year 2000 through 2003.
Mr Remengesau was required to submit a list of all assets and sources of income he had while he was in office.
Mr Copeland said Mr Remengesau did not reveal his other assets and concealed several pieces of real properties which he acquired during his administration.
The Special Prosecutor said that Mr Remengesau concealed ownership and transfer of several real properties which he was legally obligated to disclose on his yearly Ethics Disclosure Statement for the year 2000-2003.
Mr Copeland said the charges covered only for the investigation conducted by his office for the year 2000-2003.
He said the investigation and audit for the years 2004 up to the present are still ongoing.
"Because of the length of time that has passed, Palau's statute of limitations prevents the filing of any criminal charges other than misdemeanor violations of the Code of Ethics for the period of time from 2000-2003. Accordingly, the Office of the Special Prosecutor could not consider filing other charges for any alleged criminal misconduct that occurred prior to 2003," Mr Copeland press statement stated.
The information filed in court stated that Mr Remengesau failed to disclose in his statement that he acquired five land properties in Ngaremlengui and Ngarchelong in January, August, September and October of 2001; one property in Melekeok in December of 2002; six in Ngarchelong and Ngaremlengui in January, August, September and October of 2001 and seven in Ngarchelong, Ngaremlengui and Melekeok in January, August, September and October of 2001 and December 2002.
Mr Remengesau decried selective prosecution as response to the filing of charges against him by Special Prosecutor Michael Copeland, report Marianas Variety
Mr Remengesau told reporters that "I am being charged for basically technical information related to the filing of personal assets under the Code of Ethics law."
He said these are misdemeanor charges that he will contest and that he has never been advised that the information he has been reporting regarding his properties since 2001 is insufficient or incomplete.
He said that he was "surprised and shocked" that a case would be filed.
"It is unfortunate that it has come to this. The Code of Ethics is a good law for the Republic of Palau and I fully support its intent and application. However, I do believe that most, if not all, of the elected and appointed officials of the National and State Governments including members of Boards and Commissions and Civil Service do not have a uniform understanding of the extent of the information to be reported.
"I strongly believe that I am not the only one who may have submitted insufficient or incomplete information since the enactment of the Ethics Law," he said in a statement.
He said a misdemeanor case does not even constitute jail term.
"I would think that the right thing to do would have been for the Special Prosecutor, in cooperation with the Ethics Commission, to provide proper instructions through workshops or other forums aimed at educating filers on the exact nature of information to be reported.
"The Special Prosecutor could than give an opportunity for everyone required to file to review their reports and provide supplemental information to ensure that their reports are complete and accurate. After a reasonable period, those who knowingly and willfully omit information would then be subject to charges under the law", Senator Remengesau added.
"Did I happen to be the only one who filed an incomplete form, am I the only one who messed up according to the SP?"
He noted, "one has to ask if this is selective prosecution. I will ask my Attorney to request for copies of other Code of Ethics reports filed, which I am sure will show that my case is not an isolated one".
He added that he has disclosed the properties adding that the country is facing other major challenges to zero in on him.
"With all that is going on and the major challenges facing the Republic, I would think that there are better ways to disperse our energy and resources," he said.
He said that issue "is very hard on my family, my relatives, my friends and supporters and I ask for their continued trust and patience. We have not failed in our public duties and responsibilities. This is a personal matter that we will resolve and you can continue to count on me". PACNEWS, 09/07/09.